The Delhi Assembly on Friday passed the Delhi Janlokpal Bill incorporating the two amendments in the appointment and removal clauses as suggested by veteran social activist Anna Hazare. Terming it as the “strongest” anti-graft legislation in the country, chief minister Arvind Kejriwal warned the Centre against any move to put a spanner on making it a law. The bill, which was passed with 64 votes in the 70 member Assembly, will empower the proposed ombudsman to act against any public servant in the national capital, including those of the Centre.
As per the modifications, the selection panel of four members will now be a seven-member committee with the provision for a high court judge, an eminent citizen and former chairperson in the selection panel of Janlokpal apart from the Chief Justice of Delhi high court, chief minister, Leader of Opposition and Assembly Speaker. In the original draft, it was proposed that the Lokpal can be removed only through a process of impeachment and it will require at least two-thirds majority in the Legislative Assembly, which has 67 AAP MLAs. However, as per the amendments incorporated, such a move will be initiated only after a report by the Delhi high court in this regard.
Participating in the discussion on the Bill in the House, Mr Kejriwal termed it as an “emotional day” for the anti-corruption movement. He paid tribute to social activist Anna Hazare and thousands of volunteers who sacrificed everything to be associated with the movement’s journey. He recounted his days with India Against Corruption movement in 2011 when the bill was drafted. “Even before the Lokpal came into force, the AAP government has reined in corruption. But it is pertinent that the bill becomes a law for the future governments to not resort to corrupt means,” he said.
Dismissing the Opposition’s criticism that the tabled version of the Bill is the “diluted” version, Mr Kejriwal asserted that it is a strict Bill and smirked that they (BJP and Congress) should first pass this version, which is better than having nothing in place. “We are bringing a stringent law. We will go to the Centre along with the members of the Opposition to urge that the Jan Lokpal be passed,” Mr Kejriwal said.
He also levelled allegations on the Centre that it had made the Anti-Corruption Branch dysfunctional. “The biggest step we took in our first term was that we had filed FIR against Mukesh Ambani. But since June 8, when the ACB was taken over by Prime Minister Narendra Modi, there has not been a single notice against Ambani. We had even started summoning Reliance officials,” he said. Mr Kejriwal also defended the provision which brings even Union government ministers and officials under the ambit of the bill. As per provisions of the bill, Lokpal will have powers to even probe acts of corruption against Union ministers and Central government officials working in the NCT of Delhi, which may trigger another round of confrontation between the Kejriwal government and the Centre.
“If the Prime Minister commits any crime an SHO can take action, but if he indulges in corruption there is no one to take action in such cases. This is why need a Janlokpal,” Mr Kejriwal said.
Without taking any name, the chief minister wondered why the move to include functionaries of Central government working within Delhi’s boundaries under Lokpal’s ambit was attracting Opposition. “When we filed cases against a Congress minister, people supported us. But now that we are fighting BJP, there are voices of Opposition,” he said, adding Lokpal Bill was indeed a political document.
The Lokpal, with its own investigating wing, will make probe time-bound, with maximum time limit for completing an inquiry fixed at six months. In exceptional cases, the time limit can be extended up to 12 months.
The bill seeks to provide full protection to whistle blowers from physical harm and administrative harassment. For this, the Janlokpal may issue orders and directions to the government or any other authority to provide security and protection to whistle blowers.
Janlokpal will have a prosecution wing and may appoint investigating officers to be called Janlokpal investigating officer who shall have all the powers of a police officer under the CrPC. As per the provisions, Janlokpal may sanction prosecution of public servants for offences committed by them. It will also have powers of a civil court for discharge of its functions.
It may attach, confiscate assets gained by a public servant through acts of corruption, besides having powers to recommend transfer or suspension of a public servant accused of corruption. The bill also envisages action against private entities involved in acts of corruption and makes it incumbent upon public servants to make public the details of properties owned by them and their dependents.
